Shadowridge-AG 970812, (~The City With A Beautiful Future
AGENDA REQUEST FORM
CITY COD-NCIL MEETING: August 12, 1997
ITEM CAPTION:
ITEM
Approval of an ordinance abandoning a 3 foot right of way easement along the southeast side of
Lot 52, Block D Shadow Ridge Estates Fourth Increment (466 Harris Street) and authorizing the
Mayor to sign. '-~
TIT~,EC:,r Dir. of Engineering ~ Works
STAFF RECO~------a-~pprovaI X
Denial
STAFF COMMENTS:
The City of Coppell Engineering Department has been contacted concerning the abandonment of
an existing right of way easement on the southeast side of Lot 52, Block D Shadow Ridge Estates
Fourth Increment (466 Harris Street). The City has no utilities in this easement. The franchise
utility companies have stated that they have no utilities in the easement and no plans to utilize the
right of way in the future. RE/MAX Realtors has provided a statement of value of the easement,
which is included with this agenda item.
Staff recommends approval of the abandonment of the 3 foot right of way easement. Staff will
be available to answer any questions at the Council meeting.
APPROVED
BY
CiTY CO.UNCIL
DATE _ 7
BUDGET AMT. $
FINANCIAL COMMENTS :~
AMT. EST.$ +/- BUD:$
Agenda Request Form - Revised 6~96 Document Name eng.2/
THIS PROPERTY DOES NOT LIE IN A 100
YEAR FLOOD HAZARD AREA ACCORDING TO
THE F.E.M.A, FLOOD INSUR. RATE MAP
COMM. PANELNO. 480170 0010 E
THIS PROPERTY LIES IN ZONE "X"
LOT 51
1/2- IRF
§5'39'00'
N 0'12'30" W FND. "X"
FND. "X"
i9.8
17.2
TWO STORY BRICK RES.
6.5
41 .§
72.53
S62°22'03*'w 28.00
P.0.B. OF ABANDONMENT
N 27'I]7'56" w 3.00
NOTE: THAT PORTION OF BETHEL SCHOOL ROAD TO
BE ABANDON DY THE CITY OF COPPELL,
S 27'37'56" E 3.00
MEAS. 51.54
CALLED 51.33--'
R=25' A
VISIBILITY TRIANGLE
S62°22'04*'w 41.29
CALLED S 61'35'30" W
P,O.B. OF
SAVE & EXCEPT
-- N 00'12'30'* W 41.29
CALLED N 00°47'43'' W
406 HARRIS STREET
® LEGEND
1/2" Steel / Iron Rod Found 0
1/2" Steel / Iron Rod Set
Property Line
Wood Fence .....
Chain Link / Wire Fence
Overhead Electric -- E E E---
I hereby certify that on the 16T_Hday of JUN., 19 97, this survey was made on the ground as per the field notes shown on this survey
and is true, correct, and accurate as to the dimensions of the subject property and size, location and type of buildings and improvements thereon,
if any. The survey shows all easements and visible easements of which i have knowledge or have been advised affecting the subject property.
There are no encroachiuents, conflicts, or protrusions visible on the ground other thsn those shown.
Date: JUNE 16, 1997
GF No.
Scale: 1" = 25'
By' ~,. .
W'-77'7-2-7 ~ TZ_Z_Z / / / / / / / / / / / /_/_~' / / / / / / / / / /_
JOB // : 97-2764
HARRY
R0WELL
& Associates, INC.
Surveying & Engineering
1301 Elm Street Ste. 201
Carrollton, Texas 75006
DESCRIPTION OF ABANDONMENT
PAGE 3 OF 3
THE FOLLOWING IS A DESCRIPTION OF PART OF A 60 R.O.W. FOR BETHEL SCHOOL ROAD
OVER THAT SOUTHEAST PORTION OF LOT 5:~, BLOCK D, OF SHADOW RIDGE ESTATES FOURTH
INCREMENT AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS. REC.
IN VOL. 89189, PG. 1912, M.R.D.C.T.
BEGINNING AT A POINT IN THE NORTHWEST LINE OF SAID 60 FOOT R.O.W. SAME BEING
SOUTH 62 DEG. 22 MIN. 04 SEC. WEST 28.00 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT AND BLOCK.
THENCE SOUTH 62 DEG. 22 MIN. 04 SEC. WEST ALONG THE NORTHWEST LINE OF SAID
BETHEL SCHOOL ROAD AND THE SOUTHEAST LINE OF LOT 52, BLOCK D, 47.00 FEET
TO POINT FOR A CORNER.
THENCE SOUTH 27 DEG. 37 MIN. 56 SEC. EAST 3.00 FEET TO A POINT FOR A CORNER
IN BETHEL SCHOOL ROAD.
THENCE NORTH 62 DEG. 22 MIN. 04 SEC. EAST 47.00 FEET TO POINT FOR A CORNER.
THENCE NORTH 27 DEG. 37 MIN. 56 SEC. WEST 3.00 FEET TO THE POINT OF BEGINNING
AND CONTAINING 141.00 SQ. FT. OF LAND
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
l)eed
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A RIGHT OF WAY EASEMENT, LOCATED ON
LOT 52, BLOCK D SHADOW RIDGE ESTATES FOURTH
INCREMENT AS DESCRIBED IN EXHIBITS "A" AND "B"
ATTACHED HERETO, IN FAVOR OF THE ABUTTING
PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE
ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE
OF THE PORTION OF THE RIGHT OF WAY EASEMENT TO BE
ABANDONED; PROVIDING THAT SUCH ABANDONMENT
SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY
AND LAWFULLY ABANDON; PROVIDING THAT SAID
ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT
MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
I f:> E~, 1 1:='~
644331 $15. oo
WHEREAS, the City Council of the City of Coppell has determined that the right
of way easement located on Lot 52, Block D Shadow Ridge Estates Fourth Increment,
an Addition to the City of Coppell, Texas and more particularly described in Exhibits
"A" and "B" attached hereto, is no longer needed for City services; and
WHEREAS, the abutting property owner desires that said right of way easement
be abandoned and in consideration thereof has agreed to pay to the City of Coppell,
Texas, the fair market value of the property as established by an appraisal; and
WHEREAS, a proper appraisal has been conducted establishing the fair market
value of the easement to be abandoned to be $323.74;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas has
determined that the right of way easement located on Lot 52, Block D Shadow Ridge
Estates Fourth Increment, an Addition to the City of Coppell, Texas, and more
particularly described in Exhibits "A" and "B", attached hereto and made a part hereof
for all purposes, is no longer needed or necessary for public purposes and should be, and
is hereby, abandoned in favor of the abutting property owner, in exchange for the
payment of the fair market value of the easement to be abandoned.
SECTION 2. That the fair market value of the said right of way easement
being abandoned has been determine by an appraisal to be $323.74.
97168 0L 647
SECTION 3. That upon payment of $323.74 to the City by the abutting
property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor
of the abutting property owner, and a certified copy of the same may be filed in the Deed
Records of Dallas County, Texas, to indicate such abandonment.
SECTION 4. That the abandonment provided for herein shall extend only to
the public right, title and interest which the City of Coppell, Texas, may have in and to
said right of way easement, and shall be construed to extend only to such interests that
the governing body of the City of Coppell, Texas, may legally and lawfully abandon.
SECTION 5. That this ordinance shall become effective from and after its
passage as the law and charter in such case provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of ~tv._~_, 1997.
APPROVED:
CANDY SHE~HAN, MAYOR'
ATTEST:
OACH, CITY SECRETARY
APPROVED AS TO FORM:
TEaR ~. ~-~~ORNEY
-'2.
97168 Ob, 6b, 8
DESCR[PTION OF'ABANDONMENT
THE FOLLOWING IS A DESCRIF'TION OF PART OF A 60 R.O.W. FOR BETIIEL SCHOOL ROAD
OVER TIIAT SOUTHEAST PORTION OF LOT 52, BLOCK D. OF SHADOW RIDGE ESTATES FOURTH
INCREMENT AN ADDITION T(; THE CITY OF COPPELL, DALLAS COUNTY, TEXAS. REC.
IN VOL. 891§9, PG. 19i2, M.R.D.C.T.
BEGINNING AT A POINT IN THE NORTHWEST LINE OF SAID 60 FOOT R.O.W. SAME BEING
SOUTH {3,2 DEG. 22 MIN. 04 SEC. WEST 2{3.00 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT AND BLOCK.
THENCE SOUTH 62 DEG. 22 MIN. 04 SEC. WEST ALONG THE NORTHWEST LINE OF SAID
BETHEL SCHOOL ROAD AND TIlE SOUTHEAST LINE OF LOT 52, BLOCK D, 47.00 FEET
TO POINT FOR A CORNER.
TIIENCESOUTiI27DEG. 37 MIN. 56 SEC. EAST 3.00 FEET TOA POINT FORACORNER
IN BETIIEL SCHOOL ROAD.
THENCE NORTH 62 DEG. 22 MIN. 04 SEC. EAST 47.00 FEET TO POINT FOR A CORNER.
THENCE NORTH 27 DEG. 37 MIN. 56 SEC. WEST 3.00 FEET TO TIlE POINT OF BEGINNING
AND CONTA[NING 141.00 SQ. FT. OF LAND
97 168 0 61 9
'THIS PROPS'R1.Y DeBs NO3' LIS" IN & I00
Yu'&R FLOOD HAZAS"D ARU'A &("CORDING 1'O
THR Y,l~.ld.A. FLOOD INSU#. KAT~ MAP
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· -, LEGEND · sc.,.:,..: ~s, ~-I~RRY
Ch. ia ~nk / Wore Fence x -- x-- x -- x -- ~ 1301 Elm Street
~rbead~ --E--E--E - ~Z~..-z~z/~///~/;~/~.~//;<~...~ Carrolltofl. TezloT5006
891L.
· ~T1EED
COUNTY CLERK
-DALLAS COUNTY
AFTER RECORDING RETURN TO:
Ken Griffin
City of Coppell
P. O. Box 478
Coppell, Texas 75019
July 8, 1997
TO ~HO~ IT NAY CONCERN:
Michael Rohland
Re: A portion of Lot 52, Block D, of ShadovRidEe Estates Fourth
Increment, Coppell, Dallas County, Texas
It is ~y opinion that the value of the subject property (copy of
legal description attached) for resale purposes ~ould be $323.?4.
I base ~y opinion using the follo~rlng formula:
One acre lots in Coppell sell for $100,000.00
$100,000.00 divided by 43,560 square feet per acre = $2.296
$2.296 per square foot X 141.00 square feet = $323.74.
5incerely,
500 South Denton Tap, Suite 110
Coppell, Texas 75019
Phone: (214) 393-9664
Fax: (214) 393-5820
Each Office Indepently Owned and Operated
466 Harris Street
Coppell, TX 75019-3263
July 1 O, 1997
Mr. Ken Griffin
City Engineer/Assistant City Manager
City of Coppell
255 Parkway Blvd.
P. O. Box 478
Coppell, TX 75019
RE: Request for Abandonment of Portion of City Right of Way, 466 Harris Street
Dear Mr. Griffin:
We have resided in Coppell since constructing our residence at 466 Harris Street in 1990,
and are currently building a new home at 708 Castle Creek, as we intend to reside here
for many years to come. In summer 1995, we evaluated the possibility of making
improvements to our home, and decided to have a reputable firm design a swimming pool
for the backyard, and to add landscaping in the front and rear of the house.
In November 1995, we contracted Robertson Pools to build the swimming pool, and
furnished them a copy of the June 13, 1990 survey of the property for their plans.
Robertson Pools then designed a pool suitable for the property and applied for a building
permit on November 17, 1995. The City of Coppell's Building Inspection Department
reviewed the plans, and then approved the permit on November 20, 1995. Supporting
materials are attached for your review. The pool was completed in late December 1995,
while landscaping was added in Spring 1996.
As we decided to build a new home in Coppell, we listed the property at 466 Harris Street
for sale on approximately March 23, 1997. Subsequent to that listing, we contracted with
Watson Custom Homes for construction of a new residence at 708 Castle Creek. We
received an offer for the 466 Harris Street property in mid-April, and scheduled closing
for June 27, 1997. However, on June 16, a new survey was conducted which indicates
that a portion of the swimming pool, concrete decking, fence and wood retaining wall
were built in the City's right of way along Bethel School Road. We have been advised
that no title company will underwrite the title insurance for the property to protect either a
Lender or a Buyer from potential damage from future City or City-directed activity
occurring within the right of way, and, as a consequence, we will be unable to sell the
property as it stands today.
I understand the City approved a License Agreement on our behalf to enable us to use the
right of way; however, that Agreement as written is not transferable to the Buyers of the
property without City permission, and it further enables the City to direct either us or the
Buyers to remove the encroachment with thirty (30) days notice. Because of these
466 Harris Street
Coppell, TX 75019-3263
conditions, the License Agreement still does not enable a title company to underwrite
Lenders or Buyers of the property, thus leaving us in a position of being unable to sell the
home and close on the new property.
Per conversations with Ms. Laura Barnett of American Title Co., I understand that the
City would be amenable to abandoning the portion of the right of way encroached upon
the pool and decking. We therefore respectfully petition the City for abandonment of that
portion of said right of way encroached upon by the swimming pool and decking as
described in the attachment to this letter, and propose that we purchase said portion of
fight of way from the City at fair market value, an assessment of which is also attached.
Such action would protect current and future owners of the property from damage due to
unforeseen activity occurring within the area of encroachment. We have had GTE, Lone
Star Gas and TU Electric locate cabling on the property, and have been informed that all
subterranean utility infrastructure is located to the north of the house, i.e., is on the
opposite side of the house from the swimming pool and decking. Accordingly, your
granting an abandonment of the right of way will not affect delivery of existing utility or
related services within the neighborhood.
As the buyers of the property would like to move into the property in sufficient time to
allow their children to enroll in Coppell Independent School District (CISD), your prompt
review of this request at the next available City Council meeting is requested. Please
advise us as to what steps and/or fees are necessary to complete the proposed action.
Thank you for your consideration and support.
David L. Love
Property Owner and Resident
466 Harris Street
Coppell, TX 75019-3263
JULY 28, 1997
GTE TELEPHONE OPERATIONS
2094 MCGEE LANE
LEWISVILLE, TEXAS 75067
CITY OF COPPELL
P.O. BOX 478
COPPELL, TEXAS 75019
ATTN: DOUG STEVENS
RE: RIGHT OF WAY ENCROACHMENT
DEAR MR. STEVENS,
GTE HAS NO OBJECTION TO THE R.O.W. ENCROACHMENT LOCATED AT 466
HARRIS ST. IN COPPELL. OUR BURIED CABLE FACILITIES ARE LOCATED IN THE
ALLEY BEHIND THIS LOCATION AND THIS SHOULD NOT PRESENT ANY
PROBLEMS FOR US, NOW OR IN THE FUTURE.
IF YOU HAVE ANY OTHER QUESTIONS OR COMMENTS, PLEASE FEEL FREE TO
CALL ME AT 972//318-3832.
THANKS
GARY D. CASTEEL
OSP ENGINEER
GDC:CAM
7~ELECTRIC'
Doug Stevens
City of Coppell
P.O. Box 478
Coppell TX 75019
RE: ROW Abandonment
To whom it may concern:
I have reviewed the abandonment request concerning 3 ft. Of right of way along Bethel School
Rd. As indicated in your survey plat. TU Electric has no immediate conflicts with this request.
Please call me at 323-8907 if you should have any further questions.
Sincerely,
Jeff Key
Distribution Service Planner
1015 Hutton Dr. Carrollton, Texas 75006
Lone Star
Pipeline Company
1931 East Sixth St.
Irving, Texas 75060
Phone: 214-579-0232
T. W. Rudd
Supervisor / Dallas Unit
Metroplex District
July 14, 1997
Mr. Doug Stevens
City of Coppell
P. O. Box 478
255 Parkway Blvd.
Coppell, TX 75019
Re: R.O. gF. ~ 466 Harris St.
Dear Mr. Stevens:
Lone Star Pipeline neither owns nor operates a natural gas transmission pipeline within the right
of way to be abandoned. There is therefore no objection to the proposed abandonment on the part
of Lone Star Pipeline Co.
If there are any further questions, please let me know.
Wes Rudd
Lone Star Gas Oomp ny
310 N. Rogers Rd.
Inting, tx. 75061
972-254-9463
Fax: 972-253-7378
July16,1997
Doug Stevens
City of Coppell, Tx. 75019
Ph. {972] 304-3683
Re: Request of 3' R_O.W. Abandment Bethel School road.
Dear Mr. Stevens.
Lone Star Gas CO.has traced out gas line on Bethel School and found that our line is outside of fence
next to street. Lone Star Gas does not Object to this request as stated. Thank you.
Proj~t Coordinator
Ph.[ 972]454-9463
PARAGO
C A B L E
N
July 23, 1997
City of Coppell
Atten: Doug Stevens
P.O. Box 478
CoppeH, TX 75019
FAX: 972/304-3570
Abandonment Request
3' Right-Of-Way Along Bethel School Road
Part of a 60' Row for Bethel School Road Over That
Southeast Portion of Lot 52, Block D, of Shadow
Ridge Estates Fourth Increment, An Addition To
The City of Coppell, TX. Recorded in Vol. 85189,
Pg. 11912 M.R.D.C.T.
To whom it may concern:
Paragon Cable has no objections to the above referenced abandonment. If we can be of any
further assistance, please feel free to call us at (972) 501-7000.
Sincerely,
Director of Engineering
2951 Kinwest Parkway, Irving, Texas 75063-3498
972/501-7000 Fax 972/501-7070
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